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A judge granted a delay in the trial of a convicted sex offender accused of kidnapping and killing 8-year-old Cherish Perrywinkle.
Donald Smith was expected to go on trial next month, but Smith’s attorneys said they need more time to prepare an expert that may testify during the penalty phase.
Judge Mallory Cooper granted the request and the prosecution didn’t object.
“I think it would be prudent to allow a continuance because if we were to force the defense to go forward when they are not prepared … and they need further work… that creates post-conviction matters,” said State Attorney Mark Caliel.
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The judge set a pre-trial hearing for Jan. 13 to decide when the trial will begin. Judge Cooper said the trial could start during the summer of 2015.
Attorneys first tried to stop court proceedings all together after filing an emergency motion. The prosecution cited a conflict of interest because it represents an inmate who could play a part in the trial.
The defense is awaiting an appeals decision on the emergency motion.
